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(영문) 인천지방법원 2020.10.22 2020고단6133
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a child of the victim B (n, 75 years of age) and the victim C (n, 51 years of age).

1. A special intimidation: around 13:20 on June 12, 2019, the Defendant: 2 knife two knife [kife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife: 19.5 cm in total length, 9.5 cm in length knife knife knife knif)

Accordingly, the victims were threatened by carrying dangerous articles of the defendant.

2. On June 12, 2020, the Defendant: (a) around 13:37, at the above place, demanded that the Defendant open the front door from an slope G belonging to the Incheon Samsan Police Station Fridge, which was dispatched to the site after receiving a report of the above C C 112; (b) “I knife knife knife knife knife knife knife knife knife knife knife knife.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, G, and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 284 (Special Intimidation and Selection of Imprisonment) and 144 (1) and 136 (1) of the Criminal Act (Special Obstruction of Performance of Official Duties and Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and three months;

2. The scope of recommendations according to the sentencing criteria; and

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